Valvoline (Australia) Pty Ltd Summary

[2014] FWCA 2989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2014/797)

VALVOLINE (AUSTRALIA) PTY LTD & AUSTRALIAN WORKERS’ UNION, ENTERPRISE AGREEMENT NEW SOUTH WALES 2013- 2016

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 7 MAY 2014

Application for approval of the Valvoline (Australia) Pty Ltd & Australian Workers' Union, Enterprise Agreement New South Wales 2013- 2016.

[1] An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd & Australian Workers’ Union, Enterprise Agreement New South Wales 2013- 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valvoline (Australia) Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 7 April 2014. The application included a Statutory Declaration of David Nethery dated 7 April 2014 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 21 March 2014. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made 3 days after the 14 day period, and an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 7 May 2014. I note that the file has included a Statutory Declaration of Stephen Leslie made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 27 and a consultation term at clause 33.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 14 May 2014. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 30 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

Valvoline (Australia) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Australian Workers' Union. The proposed agreement covered the period from 2013 to 2016. The dispute centred on the terms and conditions outlined in the agreement, specifically concerning pay rates, working conditions, and other employment provisions. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the proposed agreement complied with the requirements of the Act, including provisions for minimum pay rates, lawful deductions from pay, and the inclusion of a genuine enterprise bargaining agreement. The Commission also had to assess whether the agreement contained any provisions that could be considered contrary to public policy or otherwise invalid. Additionally, the Commission considered the process by which the agreement was negotiated and whether it adhered to the procedural fairness and good faith bargaining principles.

In its decision, the Fair Work Commission found that the proposed agreement met the legal criteria for approval. The Commission confirmed that the agreement provided for minimum pay rates that were consistent with the applicable awards and did not include any unlawful deductions from pay. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy. Furthermore, the Commission was satisfied that the agreement was the product of genuine enterprise bargaining and that the process adhered to the principles of procedural fairness and good faith. Consequently, the Commission approved the agreement, noting its compliance with the relevant statutory requirements.

The Fair Work Commission approved the Valvoline (Australia) Pty Ltd & Australian Workers' Union, Enterprise Agreement New South Wales 2013-2016. This decision confirmed the agreement as meeting the legal standards set out in the Fair Work Act 2009, including compliance with minimum pay rates, lawful deductions, and the principles of genuine enterprise bargaining.

Valvoline (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established